HomeMy WebLinkAboutConsider Adoption of Resolution No 2024-50 - in Opposition t �s1TiNCT 2000 Main Street,
? , ;°?r Huntingt9o2n64eeach,CA
City of Huntington Beach
9'- APPROVED 4-0-3
(MOSER,BOLTON,
KALMICK-NO)
File#: 24-678 MEETING DATE: 10/1/2024
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Eric G. Parra, Interim City Manager
VIA: Travis K. Hopkins, Assistant City Manager
PREPARED BY: Shannon Levin, Council Policy Analyst
Subiect:
Consider adoption of Resolution No. 2024-50 in Opposition to the Statewide Ballot
Proposition 33, the Local Government Rent Control Expansion Act, as Recommended by the
Intergovernmental Relations Committee (IRC)
Statement of Issue:
On September 18, 2024, the Intergovernmental Relations Committee (IRC), comprised of Mayor
Gracey Van Der Mark, Mayor Pro Tem Pat Burns, and Council Member Tony Strickland, discussed
legislative items with relevance to Huntington Beach. Following discussion, the IRC chose to take a
position on a statewide ballot proposition, which is presented to the City Council for consideration.
Financial Impact:
Not applicable.
Recommended Action:
A) Adopt Resolution No. 2024-50, "A Resolution of the City Council of the City of Huntington Beach
in Opposition to Proposition 33, the Local Government Rent Control Expansion Act," which will set
aside Resolution Nos. 4344 and 2024-23.
Alternative Action(s):
Do not approve, and direct staff accordingly.
Analysis:
Proposition 33 - The Local Government Rent Control Expansion Act, which expands local
governments' authority to enact rent control on residential property is an Initiative Statute to be
considered by the voters at the November 2024 election.
Current state law, known as the Costa-Hawkins Rental Housing Act of 1995, limits the use of rent
control in California. Cities cannot set rent control on single-family homes or apartments built after
1995, providing landlords the freedom to set their own rental rates when a tenant moves. If
Proposition 33 passes, it would eliminate State limitations for cities and counties to maintain, enact,
City of Huntington Beach Page 1 of 2 Printed on 9/25/2024
powered by Legistarn"
52
File#: 24-678 MEETING DATE: 10/1/2024
or expand residential rent control ordinances, allowing rent control on any type of housing - including
single-family homes and new apartments, and for new tenants.
According to the State's Legislative Analyst's Office, the repeal of Costa-Hawkins could reduce State
and local revenues in the high tens of millions of dollars per year over time; and the largest effect
would be on property taxes.
City of Huntington Beach Charter Section 803 asserts that the City will not enact or enforce rent
control.
Section 803, Property Rights Protection Measure.
a) The City shall not enact or enforce any measure which mandates the
price or other consideration payable to the owner in connection with the sale,
lease, rent, exchange or other transfer by the owner of real property. Any
such measure is hereby repealed.
b) The word "mandates" as used in subsection (a) includes any measure
taken by ordinance, resolution, administrative regulation or other action of the
City to establish, continue, implement or enforce any control or system of
controls on the price or other terms on which real property in the City may be
offered, sold, leased, rented, exchanged or otherwise transferred by its
owner. The words "real property" as used in subsection (a) refer to any parcel
of land or site, either improved or unimproved, on which a dwelling unit or
residential accommodation is or may be situated for use as a home,
residence or sleeping place.
Per the approved City Council Policy Manual, the City Council may take a position with respect to a
statewide ballot proposition by setting aside Resolution Nos. 4344 and 2024-23. The
Intergovernmental Relations Committee recommends setting aside these Resolutions and adopting
Resolution No. 2024-50 opposing Proposition 33.
Environmental Status:
This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
Strategic Plan Goal:
Non Applicable -Administrative Item
Attachment(s):
1. Resolution No. 2024-50
2. Resolution No. 4344
3. Resolution No. 2024-23
City of Huntington Beach Page 2 of 2 Printed on 9/25/2024
powered by Legistar m
53
RESOLUTION NO. 2024-50
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH IN OPPOSITION TO PROPOSITION 33, THE LOCAL
GOVERNMENT RENT CONTROL EXPANSION ACT
WHEREAS, Proposition 33 "Expands Local Governments Authority to Enact Rent
Control on Residential Property" is an Initiative Statute to be considered by the voters at the
November 2024 election; and
The California Legislative Analyst has stated that:
a. Proposition 33 would repeal the Costa-Hawkins Rental Housing Act of
1995 and law and would prohibit the state from limiting the ability of cities and counties to
maintain, enact, or expand residential rent-control ordinances; and
b. Fewer homes would be available to rent; and
c. The value of rental housing would decline; and
d. A decline in the value of rental properties would reduce the amount of
property taxes paid by landlords, which would reduce property tax revenues for cities, counties,
special districts, and schools; and
e. With time,these property tax reductions likely would be at least tens of
millions of dollars each year (annually); and
f. About half of the reduction would be property tax revenues that would
have gone to schools; and
g. If local rent control laws expand, local governments could have increased
costs,which could range from a few million dollars to tens of millions of dollars annually; and
24-15370/354355
RESOLUTION NO. 2024-50
Proposition 33 would abolish the state's existing ban on vacancy control, which prohibits
rental housing providers from adjusting rents to market rates when a tenant moves out. Such a
policy leads to property deterioration and stifled investment in housing; and
Nearly 60% of California voters twice rejected the same scheme by defeating 2018
Proposition 10, Rental Control on Residential Property; and 2020 Proposition 21, Expands
Governments' Authority to Rent Control; and
Section 803 of the Huntington Beach City Charter, entitled"Property Rights Protection
Measure,"provides that the City shall not enact or enforce any measure which mandates the
price or other consideration payable to the owner in connection with the sale, lease, rent,
exchange or other transfer by the owner of real property; and
City Council Resolution No. 4344 amended the Council Manual to provide that City
Council shall take no stand with respond to any statewide ballot proposition; and
City Council Resolution No. 2024-23 approved and adopted the revised Council Manual,
which provides in Article IX, section G,that the City Council may not take a position with
respect to any statewide ballot proposition,
NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby
resolve as follows:
SECTION 1. The City Council formally expresses opposition to Proposition 33
"Expands Local Governments' Authority to Enact Rent Control on Residential Property"
Initiative Statute.No public funds shall be used in the campaign for or against the measure.
2
J
RESOLUTION NO. 2024-50
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 1st day of Oct. , 2024.
Mayor
REVIEWED A I AP'ROVED INITIATED AND APPROVED
Interim City Manager Assistant City Mana er
ATTEST; APPROVED AS FORM
6#1111/' g671-4171461hAd
City Clerk Ci Attorney p
3
Res. No. 2024-50
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on October 1, 2024 by the following vote:
AYES: Burns, Van Der Mark, Strickland, McKeon
NOES: None
ABSENT: None
ABSTAIN: Moser, Bolton, Kalmick
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
City Council/ ACTION AGENDA October 1,2024
Public Financing Authority
AB 1234 REPORTING—None
OPENNESS IN NEGOTIATION DISCLOSURES - None
CITY MANAGER'S REPORT
9. 24-707 Update on Police Department Staffing
Report provided by Police Captain Oscar Garcia
CITY ATTORNEY'S REPORT
10. 24-694 State v. City of Huntington Beach re Housing Element
Report provided by City Attorney Michael Gates
CONSENT CALENDAR (Items 11-24)
City Clerk
11. 24-688 Approved and Adopted Minutes
Recommended Action:
Approve and adopt the City Council/Public Financing Authority regular meeting minutes of
September 17, 2024.
Approved 7-0
12. 24-689 Received and Filed Monthly Update of Activities for Citizen Boards,
Commissions, Committees (BCCs) and Regional Agencies - September
2024
Recommended Action:
Receive and File.
Approved 7-0
City Manager
13. 24-678 Adopted Resolution No. 2024-50 Opposing Statewide Ballot Proposition
33,the Local Government Rent Control Expansion Act, as recommended
by the Intergovernmental Relations Committee (IRC)
Recommended Action:
Adopt Resolution No. 2024-50, "A Resolution of the City Council of the City of Huntington
Beach in Opposition to Proposition 33,the Local Government Rent Control Expansion Act,"
which will set aside Resolution Nos. 4344 and 2024-23.
Approved 4-0-3(Moser, Bolton, Kalmick-Abstain)
Minute action to strike Section 1.01.08- Statewide ballot propositions of Resolution
4344, and City Council Manual Section IX- Conflicts of Interest Item G. - Statewide
Ballot Propositions adopted via Resolution No. 2024-23, Approved 4-3 (Moser, Bolton,
Kalmick-No)
Page 4 of 10
CITY COUNCIL MINUTE ACTION
October 1,2024
At their regular meeting of October 1,2024,the Huntington Beach City Council approved a minute
action to omit/strike the following language in Section 1.01.08-Statewide Ballot Propositions of
Resolution No.4344:
1.01.08 Statewide ballot propositions. The City Council shall take no stand, neither pro nor con,
with respect to any statewide ballot proposition. (Minute action, 19 April 1976)
The motion made by Kalmick,seconded by Strickland carried forward by the following roll call vote:
AYES: Burns,Van Der Mark,Strickland, McKeon
NOES: Moser, Bolton, Kalmick
ABSTAIN: None
•
City Clerk and 'ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
/
/
RESOLUTION NO. 2024-50 /
/
. A RESOLUTION OF THE CITY COUNCIL OF THE /
CITY OF HUNTINGTON BEACH IN OPPOSITION TO PROPOSITION/33,THE LOCAL
GOVERNMENT.RENT CONTROL EXPANSION ACT
1
WHEREAS,Proposition 33 "Expands Local Governments Aut,ority to Enact Rent
fi
Control on Residential Property"is an Initiative Statute to be consjdered by the voters at the
i
November 2024 election; and I
The California Legislative Analyst has stated that:
a. Proposition 33 would repeal the osta-Hawkins Rental Housing Act of
state from li itin the abilityof cities and counties to
1995 and law and. would. prohibit the . g
7
maintain,enact, or expand residential rent-control ordinances; and
b. Fewer homes would lie available to rent; and
c. The value of ren ahousing l would decline;and
d. A decline in he value of rental properties would reduce the amount of
property taxes paid by landlords;which would reduce property tax revenues for cities,counties,
special districts, and schools• and
e. liyi,i.h time,these property tax reductions likely would be at least tens of
/
millions of dollars ea, year(annually); and
f. About half of the reduction would be property tax revenues that would
have gone to s ools; and
g. If local rent control laws expand,local governments could have increased
costs, ich could range from a few million dollars to tens of millions of dollars annually; and
24-15370/354355
RESOLUTION NO:`024-5.0
/
Proposition 33 would abolish the state's existing ban on vacancy.control,ywhich prohibits
rental housing providers from adjusting rents to marke rates when a tenant,mo
tves out. Such a
,
policy leads to property.deterioration and stifled investi lent in housing; and
,,M
Nearly 60%-of California voters twice rejected the same scheme by defeating 2018
i
Proposition 10,Rental Control on Residential Property; and 2020'.Proposition 21, Expands
7
Governments' Authority to Rent Control; and 'p
Section 803.of the Huntington Beach City Char ei, entitled"Property Rights Protection
Measure,''provides that the City shall not enact or enforce any measure which mandates the
price or other consideration payable to the owner connection with.the sale, lease, rent,
/
exchange or other transfer by the.owner of real property; and
i
City Council Resolution No. 434i4 amended the Council Manual to provide that City
Council shall take no stand with respond to any statewide ballot proposition; and:.
City Council Resolution o 2024 23 approved and adopted the revised Council.Manual,
p�
which provides in Article IX,/section G,that the City Council may not take a position with
i
respect to any statewide ballot proposition,
NOW,.THERE SORE,the City Council of the City of Huntington Beach does hereby
resolve as follows:
SECTION 1. City Council Resolution Nos. 4344 and 202423 are hereby suspended'to
allow the ado.ton of.this Resolution only.
SECTION 2. The City Council formally expresses opposition to Proposition 33
"Expands Local Governments' Authority to Enact Rent Control on Residential Property"
Initi five'Statute.NO public funds shall be used in the campaign for or against the measure.
• 2
RESOLUTION NO. 2024-50
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of , 2024.
Mayor
REVIEWED AND APPROVED INITIATED AND APPROVED
Interim City Manager Assistant City Mana er
ATTEST: APPROVED AS TO FORM
City Clerk City Attorney
3
i
Ill
RESOLUTION NO. '4344
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF.
HUNTINGTON BEACH AMENDING THE COUNCIL. MANUAL BY
ADDING THERETO SECTION 1.01.08, STATEWIDE BALLOT
PROPOSITIONS, AND SECTION 1.01.09, APPEALS AND
CHALLENGES TAKEN BY THE CITY COUNCIL
BE IT RESOLVED by the City Council of the City of Huntington
Beach that the Council Manual is hereby amended by adding thereto
Sections 1.01. 08 and 1.01.09 to read as follows:•
__1.01.08 Statewide ballot propositions. The City Council
.hall take no stand, ncithcr pro nor con, with rccpcot to any
statewide 'ballot .propocition. * (Minute action, 19 Apri- 9..6)
*Repealed by Minute Action on October 1, 2024
1.01.09 Council appeals and challenges. Decisions of
subordinate bodies, or persons, may be appealed as set out in
the following:
(a). PARADES: the Council may appeal any decision of the
city administrator to issue, deny, suspend or revoke any parade
permit (Huntington Beach Municipal Code Section 9.48.230) .
(b) ENVIRONMENTAL EVALUATION: the Council, or any member
thereof, may appeal any decision or determination of th en-
vironmental review committee or department of environmental re-
sources (Huntington Beach Ordinance Code Section 9726) .
(c) MISCELLANEOUS PROVISIONS: any member of the Council
may appeal to the planning commission any decision of the board
of zoning adjustments to revoke or approve an application for
administrative review to permit the operation of a home for the.
care of nonrelated persons (Huntington Beach Ordinance Code
Section 9730 .27.7) .
(d) SIGN CODE: the Council or any member thereof may ap-
peal any decision or requirement of the board of zoning adjust-
ments or planning commission to revoke or suspend a sign permit
(Huntington Beach Ordinance Code Section 9761.16.5) .
(e) BOARD OF ZONING ADJUSTMENTS: the City Council or any
member thereof may appeal any decision or requirement of the
board of zoning adjustments or planning commissfon to grant
..r
1.DPB:ahb
fV
or deny applications for conditional exceptions or use permits
(Huntington Beach Ordinance Code Section 9815.5) .
(f) CONDITIONAL USE PERMITS: the City Council or any
member thereof may appeal a decision of the planning commission
to grant, modify or deny an application for a conditional use
permit (Huntington Beach Ordinance Code Section 9842) .
(g) APPEAL: the City Council or any member thereof may
appeal any decision or requirement of the planning commission
(Huntington Beach Ordinance Code Section 9881) .
(h) SITE PLAN: the City Council or any member thereof
may appeal or challenge any decision, determination or require-
ment of the planning commission to approve conditionally or
deny an application for site plan (Huntington Beach Ordinance
Code Section 9892) .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at an adjourned regular meeting thereof held
on the 26th day of October, . 1976.
M -LIA41444
ay
ATTEST: 141" Igt-APPROVED AS TO FORM:
ae:4;442 ' 0
City Clerk City At orney
APPROVED AS TO CONTENT AND
AS INITIATING DEPARTMENT:
•
tele444,
•
4444461
Mayor
2.
58
Res. No.4344
STATE OF CALIFORNIA )
COUNTY OF ORANGE . ) se:
CITY OF HUNTINGTON BEACH )
III
I, ALICIA M. WENTWORTH, the duly elected, qualified City
i
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular'adjonr ed meeting thereof held on the : :26th day
of October , 1976 , by the following vote
AYES: Councilmen:.
Bartlett, Pattinson, Gibbs, Siebert, Wieder
G -
NOES: Councilmen:
III None
ABSENT: Councilmen: .
Coen, Shenkman
.//i4;t..."60/ 0,11;1/7 4 ...Zea. Z9 -74-"L„/
City Clerk and ex-officio Clerk
of the City Council of. the City
of Huntington Beach, California
•
III
59
RESOLUTION NO. 2024-23
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ADOPTING A
REVISED CITY COUNCIL MANUAL
WHEREAS, on March 18, 2019, the City Council approved a revised Council Manual by
the adoption of Resolution No. 2019-09. Amendments to the Council Manual have been
approved by resolution,
NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby
resolve as follows:
1. That the revised Council Manual for the City of Huntington Beach, a copy of which is
attached hereto as Exhibit"A,"is hereby adopted and approved.*
2. That this Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 4th day of dale , 2024.
lob
4,t; 6-1—V.--
Mayor
REVIEWE PROVED INITIATED AND APPROVED
o.t__
City Manager ssistant City Manag r
APPROVED AS 0 FORM
ity Attorney c(j(
* Section IX-G Statewide Ballot Propo itions repealed by Minute Action
on 1st day of October, 2024.
24-14558/339337
Moore, Tania
From: city.manager@surfcity-hb.org
Sent: Wednesday, October 2, 2024 10:56 AM
To: supplementalcomm@surfcity-hb.org
Subject: FW: Adopt Resolution 2024-50 and Oppose Prop 33
Attachments: HBCityCouncil- Reso2024-50.pdf
From: Collin Powers<Collin@ocrealtors.org>
Sent: Tuesday, October 1, 2024 5:04 PM
To: city.manager@surfcity-hb.org
Cc: Van Der Mark, Gracey<Gracey.VanDerMark@surfcity-hb.org>; Burns, Pat<Pat.Burns@surfcity-hb.org>; Bolton,
Rhonda <Rhonda.Bolton@surfcity-hb.org>; Kalmick, Dan <Dan.Kalmick@surfcity-hb.org>; McKeon, Casey
<Casey.McKeon@surfcity-hb.org>; Moser, Natalie<Natalie.Moser@surfcity-hb.org>; Strickland, Tony
<Tony.Strickland@surfcity-hb.org>
Subject:Adopt Resolution 2024-50 and Oppose Prop 33
You don't often get email from collinPocrealtors.org. Learn why this is important
To whom it may concern,
My name is Collin Powers, and I am the Government Affairs Director at the Orange County Association of
REALTORS®. Please refer to the attached letter for our position on tonight's city council meeting(10-1-
24) agenda item 13, 24-678 regarding considering the adoption of Resolution 2024-50.
Thank you for your time.
Best,
Collin Powers
Collin Powers
Government Affairs Director, RCE
Orange County REALTORS°
25552 La Paz Road
Laguna Hills, CA 92653
714-470-4535
collinOCRealtors.org
1
ORANGE COUNTY
REALTORS
October 1,2024
Mayor Van Der Mark
Huntington Beach City Council
2000 Main Street
Huntington Beach, CA 92648
RE: Adopt Resolution 2024-50 and Oppose Proposition 33
Dear Mayor Van Der Mark and Honorable City Council Members,
I am writing on behalf of Orange County REALTORS®, the largest local association of real estate
professionals in California, with offices in Fountain Valley and Laguna Hills. Our association represents
nearly 15,000 members who serve both home buyers and sellers, as well as the broader community of
homeowners.
We respectfully urge the City Council to adopt Resolution 2024-50 and oppose Proposition 33. This
proposition seeks to expand rent control, which would place additional burdens on property owners by
making it harder to cover maintenance costs and infringe on homeowner rights. In an already strained
housing market, Proposition 33 would exacerbate these challenges.
By opposing this measure and adopting Resolution 2024-50, the City Council would take a crucial step
toward protecting property rights and promoting thoughtful housing solutions for our community and the
state.
Thank you for your time and consideration on this important issue.
Sincerely,
Collin Powers
Government Affairs Director
Orange CountyyRRREEALTORS®
25552 La Paz Road,Laguna Hilts,CA 92653 1949-586-6800 I fax:949-586-0382 I www.ocrealtors.org
10540 Talbert Avenue,Suite 225.West Building,Fountain Valley,CA 92708 1714-375.9313 I fax:714-375-9322 I www,ocrealtors.org